ASHOK HARIDAS JAGDALE, MUMBAI V. ACIT - 24(1), MUMBAI

CO 143/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0577 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 2 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 08-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 06-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER CO NO.143/MUM/2019 ( ITA.NO.3573/M/2018) (A.Y: 2012-13 ) SHRI ASHOK JAGDALE, G-2, TERMINAL 9, NEAR VILE PARLE POLICE STATION, VILE PARLE (EAST),MUMBAI - 400057 / VS. ASSISTANT COMMISSIONER OF INCOME TAX 24 (1), ROOM NO. 604, 6 TH FLOOR, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI - 400012 ./ ./ PAN/GIR NO. : AAHPJ4662L ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI RAHUL HAKANI, AR / RESPONDENT BY : SHRI BRAJENDRA KUMAR, DR / DATE OF HEARING 04/02/2021 / DATE OF PRONOUNCEMENT 08/02/2021 / O R D E R PER PAVAN KUMAR GADALE: THE ASSESSEE HAS FILED THE CROSS OBJECTIONS IN ITA NO 3573/M/2018. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTENDED TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN FORM NO. CO NO. 143 /MUM/2019 ASHOK JAGDALE - 2 - 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED AN APPLICATION AS ENVISAGED BY THE LD. AR. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE C.O. PENDING. ACCORDINGLY, WE DISMISS THE C.O. OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4. IN THE RESULT, THE C.O. FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08.02.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 08.02.2021 AK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT CO NO. 143 /MUM/2019 ASHOK JAGDALE - 3 - 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// 1. / ( ASST. REGISTRAR) , / ITAT, MUMBAI 2. OTHER MEMBER ON